Just-as-Probable Rule Law and Legal Definition
Just as probable rule is a principle of workers' compensation law. According to this rule, a claim under workers' compensation shall be denied, if it is equally likely that the injury resulted from a non-work-related cause as from a work-related cause.
The following are examples of case law on the rule:
The "just as probable" rule means merely that a workmen's compensation claimant must prove his case by a preponderance of the evidence. [Smith v. Fieldcrest Mills, Inc., 224 Va. 24 (Va. 1982)]
Just as probable rule denies compensation for failure of a claimant to sustain the burden of proof where it is just as probable that the disability resulted from a work-related cause as from a non-work related cause. [Henrico County Sch. Bd. v. Speas, 1993 Va. App. LEXIS 129 (Va. Ct. App. May 18, 1993)]
